The Supreme Court on Monday stayed the Delhi High Court order of cancelling the death sentence of expelled BJP MLA Kuldeep Singh Sengar and granting him bail in the 2017 Unnao rape case. The Central Bureau of Investigation (CBI) had moved the Supreme Court against the bail plea three days ago.
A bench comprising Chief Justice of India Surya Kant, Justice JK Maheshwari, and Justice Augustine George Masih heard arguments from both sides for around 40 minutes.
The Chief Justice observed that while courts generally do not stay orders once a convict or undertrial is released without hearing them, the circumstances in this case are exceptional, as Sengar has already been convicted in a separate case. The bench said important legal questions in the matter require detailed consideration.
The court also highlighted a serious legal concern regarding the definition of “public servant” under the POCSO Act.
The Chief Justice questioned why a police constable is considered a public servant while elected representatives such as MLAs or MPs are excluded, describing this disparity as troubling.
Justice JK Maheshwari further asked whether the High Court had explicitly stated whether Sengar was guilty under Section 376(2)(i).
Senior advocate Hariharan, appearing for the convict, argued that definitions from other laws cannot be borrowed to interpret a penal statute.
Solicitor General Tushar Mehta, representing the CBI, described the case as “terrible,” noting that charges under Sections 376 of the IPC and the POCSO Act were framed.
He added that in such cases, the minimum sentence can be 20 years, extendable to imprisonment for life.
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